Drivers face hefty fines for using a phone while in their vehicle – but what about if it’s in a cradle or connected to your car?
What are the laws around using a hands-free device while driving?(Image: Getty Images)
Using your phone while you’re behind the wheel can result in serious consequences if you are caught to be breaking the law. But there is some debate around what you can and can’t do with your device while in the car, and what exactly counts as a criminal offence.
According to Ask The Police, there is a substantial body of research showing that using a mobile phone while driving, even if its hands-free, is a considerable distraction and greatly increases the risk of a driver being involved in an accident.
Using your phone, whether hands-free or not, distracts the driver and means they must divide their attention. The advice is that people do not use their phone or device at all – even hands-free – while driving.
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But where does the law draw the line? According to police, a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point while being used. Using a mobile phone can include illuminating the screen, checking the time, checking notifications, and unlocking the device among others – a full list can be found below.
The exact law in the UK states that no person shall drive, or cause or permit to be driven, a motor vehicle on a road if the driver is using a hand-held mobile telephone; or a hand-held device other than a two-way radio, which is capable of transmitting and receiving data, whether or not those capabilities are enabled.
According to the government, you can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using a Bluetooth headset, voice command, a dashboard holder or mat, a windscreen mount or a built-in sat nav. The device must not block your view of the road and traffic ahead.
The consequences if you are caught using your mobile phone in your hand while driving can be severe. As of March 1, 2017, the penalty for using a mobile phone while driving in England, Wales and Scotland is six penalty points and a £200 fine.
Anyone who is caught a second time could potentially face a £1,000 fine and six-month ban from driving.
You can also be prosecuted for careless or dangerous driving, which carry higher penalties. If you kill someone in an accident caused by phoning or texting etc. you can expect a lengthy prison sentence.
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The use of the mobile phone to call the emergency services on 999 is permitted under the regulations, if you are acting in response to a real emergency and it is not safe or practical for you to stop to make the call.
Full list of ways you can be found to “use” a mobile phone
- Illuminating the screen
- Checking the time
- Checking notifications
- Unlocking the device
- Making, receiving, or rejecting a telephone or internet-based call
- Sending, receiving or uploading oral or written content
- Sending, receiving or uploading a photo or video
- Utilising camera, video, or sound recording functionality
- Drafting any text
- Accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
- Accessing an application
- Accessing the internet
The government states that the law still applies to you if you’re:
- stopped at traffic lights
- queuing in traffic
- supervising a learner driver
- driving a car that turns off the engine when you stop moving
- holding and using a device that’s offline or in flight mode
Consequences of being caught using your phone while driving
Motorists can be handed up to six penalty points and a £200 fine if caught using their phone behind the wheel. Anyone who is caught a second time could potentially face a £1,000 fine and six-month ban from driving.
You can also be prosecuted for careless or dangerous driving, which carry higher penalties. If you kill someone in an accident caused by phoning or texting etc. you can expect a lengthy prison sentence.
